System Of Anticipatory Breach Of Contract In View Of Comparative Law

This paper introduces the system of anticipatory breach of contract in Anglo-American law system, the system of anticipatory breach of contract by "the United Nations Convention on Contracts for International Sale of Goods" and the system of disturbed defense right in civil law, all of which are compared at the same time. So, via the introduction of the law rules, the comparison of the provisions and the differences between the theoretical foundations, this paper completes the study course from imagery to nature. The system of anticipatory breach of contract in Anglo-American law system is developed on the basis of the case law and this article discusses the aspects from the concept, the feature, the performance ,the form element, and the legal consequence as well. Anticipatory breach of contract is divided into anticipatory breach of contract and implied anticipatory breach of contract. It reflects fair,the law value, which after hundreds of years' test proves reasonable and effective, and now is referred by "the United States Uniform Commercial Code" and "the United Nations Convention on Contracts for International Sale of Goods" Furthermore, it has played an active role in the international economic field.The disturbed defense right is a unique system in civil law countries, which is usually exerted by the first to fulfill the obligations, while the first can stop carrying out debts. By comparison and through further study of the anticipatory breach of contract in Anglo-American law system and the disturbed defense right in the civil law system, there are too many similarities , existing ties and differences between the two that can be found .At the same time, through horizontal or vertical comparison and analyses between the system of anticipatory breach of contract in the Anglo-American law system and that of "the United Nations Convention on Contracts for International Sale of Goods" and disturbed defense right in civil law system, the paper finds out the pros and cons, and then focuses the relevant provisions in our country. The system of anticipatory breach of contract was brought in in China's "Contract Law" promulgated in the 1999 , which is still of great significance but there are a number of issues in the relevant provisions. For one reason, on the basis of the disturbed defense right and combined with own national conditions it has China's own characteristics; for the other, China absorbs system characteristics of the Anglo-American law, which at the same time are not well combined with China's. So it needs China's legislative improvements. In view of legislative shortcomings in the "Contract Law", the author puts forward opinions from the paper system and its contents and recommends that the disturbed defense right be brought into the system of anticipatory breach of contract in order to establish our complete system of anticipatory breach of contract, and the details of the contents be improved as well.The characteristics of this paper are to separate out the relevant theories, which are demonstrated from the theoretical origin of the anticipatory breach of contract and the disturbed defense right, the source of theoretical difference between the anticipatory breach of contract and the disturbed defense right and the theoretical connection between the anticipatory breach of contract and the disturbed defense right .On the whole, it is for the readers to easily grasp the related system of anticipatory breach of contract from the law appearance, the rule difference and the root causes in legal theory .